10/18/2012· Intellectual Property
Statutory Damages in Trademark Cases - Trends and Improvement
Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.
8/7/2009· Market Research
Survey Research to Support Litigation
Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.
12/9/2015· Intellectual Property
Apportioning Copyright Damages: The Case of 'Blurred Lines'
By: Doug Bania
Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.
11/19/2013· Intellectual Property
On the Quasi-plagiarism of Sen. Rand Paul
By: Dr. Alan Perlman
All of a sudden, it seems, the search term Plagiarism Rand Paul gets over 40 MILLION Google hits. But the charge is somewhat bogus.
1/9/2013· Intellectual Property
EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.
8/21/2017· Intellectual Property
Viral Videos Challenging the Enforcement of Copyrights
By: Scott D. Hampton
In an effort to move United States copyright law into the digital age, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998. The DMCA is the beginning of an ongoing effort to modernize the nation's copyright law.1 In an ever-changing digital world, copyright law must continue to evolve with technology.
4/11/2012· Intellectual Property
Intellectual Property: Getting More Money From Licenses
By: David Nolte
Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.
11/1/2012· Intellectual Property
Naked Licensing: Not as Rare as One May Think
In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.
12/27/2017· Intellectual Property
Tide turns in US and EU agencies' policies on SEP licensing
By: Keith Mallinson
The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."
12/20/2011· Intellectual Property
Role of Subject Matter Experts for Patenting Inventions
By: Prolifogy Software and Consulting
Licensing and infringement litigation are two primary potential income sources from a patent. With licensing, the inventor permits the licensee to make, use, sell, or offer to sell a patented invention for compensation.
by Anthony Chang, MD, et al
by Curtis Greve and Jerry Davis
by Aaron T. Olson, et al
